How I winter my bonsai ;-)
Reiner Goebel
http://www.gardenweb.com/forums/bonsaigal/msg120930516245.jpg was taken
in very early spring several years ago, after I had taken the hardy
trees out of their winter quarters. Unfortunately, it does not look like
we'll have this kind of snow for Christmas this year, but it'll happen
sooner or later.
For those who might wonder, the snow did no damage.
Reiner Goebel Support the IBC with your donation.
Toronto, Canada Email me for details.
http://www.tbs.game2.com
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Anton Nijhuis
Anton Nijhuis
Vancouver Island
Anton Nijhuis
"possession of intellectual property does not convey rights to reproduce
it".
What it went to say is if you were to hire a landscape designer to design
your home landscape and you paid them for it. This does not give you the
right to reproduce the design in another landscape. An example would be a
neighbour or a relative. This would apply if you purchased a specially
designed tree, you would not be allowed to duplicate the design on another
tree?
I was wondering how this would apply to the designs themselves on displayed
pictures never mind duplicating pictures.
Colin Lewis
>> I just came across something interesting in a newsletter that states
>> "possession of intellectual property does not convey rights to reproduce
>> it".
>>
>> What it went to say is if you were to hire a landscape designer to design
>> your home landscape and you paid them for it. This does not give you the
>> right to reproduce the design in another landscape. An example would be a
>> neighbour or a relative. This would apply if you purchased a specially
>> designed tree, you would not be allowed to duplicate the design on
another
>> tree?
>> I was wondering how this would apply to the designs themselves on
displayed
>> pictures never mind duplicating pictures.
Anton,
I have argued long into the night on ths one, with photograhers who
specialise in photographing bonsai. They are of the opinion that the entire
photograph is their copyright regardless and irrespective of who
owns/created the subject. Mine is that the copyright of the photograph may
belong to them, but the copyright to the image, or subject, rest with the
current owner. I argue that thee are tens of thousands of photographers in
the UK who can take equally as good pictures, but only one person in the
universe who could have created that particular image - without which there
would be no photograph.
Banging my head against a brick wall!
I even paid a copyright lawyer to give learned opinion - which was that
although I was probably right, persuing the matter in the courts would be a
rich man's pastime.
Since then, If any professional photographer shoots any of my trees, it is
at my request and paid for by me. I also insist that all
negatives/transparencies - even rejects - are delivered to me.
Naturally I credit the photographer whenever pictures are published - which
is a far greater courtesy than has been extended to me as creator of the
trees in the past.
Must go and rinse this taste of sour grapes out of my mouth... ;)
Colin
Email: colinlew...@btinternet.com
Website: http://www.btinternet.com/~colinlewis.bonsai
David J. Bockman
the customer must sign indicating that the design itself is my property,
including all working and final drawings. Having been burned one too many
times in the past where I was commisioned to do a design with installation
quote, and then the customer takes the drawings and says "See ya!" Now, I
show them the drawing all they want, but I take them with me when I leave.
David Bockman, Fairfax, Virginia. (USDA Zone 7)
Bunabayashi Bonsai on The Web: http://www.bunabayashi.com
email: d...@bunabayashi.com
----- Original Message -----
From: "Anton Nijhuis" <ibo...@OBERON.ARK.COM>
To: <BON...@HOME.EASE.LSOFT.COM>
Sent: Thu, Dec 23, 99 3:48 PM
Subject: Copyrights of intellectual material
> I just came across something interesting in a newsletter that states
> "possession of intellectual property does not convey rights to reproduce
> it".
>
> What it went to say is if you were to hire a landscape designer to design
> your home landscape and you paid them for it. This does not give you the
> right to reproduce the design in another landscape. An example would be a
> neighbour or a relative. This would apply if you purchased a specially
> designed tree, you would not be allowed to duplicate the design on another
> tree?
>
> I was wondering how this would apply to the designs themselves on
displayed
> pictures never mind duplicating pictures.
********************************************************************************
Carl L. Rosner
Not sure how this applies to Bonsai, but when I create and sell an oil painting.
The copyright for the Image I created is mine and is not sold with the painting.
The person or corporation who buys my painting can not reproduce the image without
my written consent or by paying me a royalty.
Carl L. Rosner - near Atlantic City zone 6/7
http://www.artxpo.com/clrosner
http://arnierosner.com/Merchant/merchant.mv
Anton Nijhuis wrote:
> I just came across something interesting in a newsletter that states
> "possession of intellectual property does not convey rights to reproduce
> it".
>
> What it went to say is if you were to hire a landscape designer to design
> your home landscape and you paid them for it. This does not give you the
> right to reproduce the design in another landscape. An example would be a
> neighbour or a relative. This would apply if you purchased a specially
> designed tree, you would not be allowed to duplicate the design on another
> tree?
>
> I was wondering how this would apply to the designs themselves on displayed
> pictures never mind duplicating pictures.
>
> Anton Nijhuis
> Vancouver Island
Ron Martin
>specialize in photographing bonsai
I have addressed this issue and won the argument. If you hire a photographer
to take the pictures you own the rights to them. He was in your employ at
the time and therefore worked under your direction. All rights to the images
belong to you.
If however you allow a photographer to take pictures then you must state in
advance all restrictions imposed on him. Failure to do so gives him the
right to use the images as he see fit.
Ron
Anton Nijhuis
for all of us that people in the bonsai world love to share their
"intellectual material".
Best of the season to all.
Anton Nijhuis
Vancouver Island - 8 Celcius no frost for over a month warmer than Hong Kong
Ray Schieber
Ron Martin <rma...@INTERNETX.NET> wrote:
> >I have argued long into the night on This one, with photographers who
> >specialize in photographing bonsai
>
> I have addressed this issue and won the argument. If you hire a
photographer
> to take the pictures you own the rights to them. He was in your
employ at
> the time and therefore worked under your direction. All rights to the
images
> belong to you.
> If however you allow a photographer to take pictures then you must
state in
> advance all restrictions imposed on him. Failure to do so gives him
the
> right to use the images as he see fit.
>
> Ron
>
photographers. Seems they had a machine that duplicates photos. People
who had family pictures taken would bring them in to be copied. The
ruling was that the print belongs to the owner, but the right of
reproduction remains with the photographer, and is not transferred. I
suggest that if you make use of a professional photographer you clearly
define all rights in writing before hand.
Ray S.
Sent via Deja.com http://www.deja.com/
Before you buy.
Colin Lewis
I've just dug out and re-read the report I had from a copyright lawyer here
in the UK.
It seems that if a magazine or book publisher prints an unauthorised
photograph of one of your (my) trees, you have NO redress in regard to
copyright of the design of the tree - simply because the publisher has
reproduced the photograph, NOT the design of the tree. You can only claim
for infringement of copyright of the photograph - if, indeed you own that
copyright. If the photograph was taken by a third party, even without your
consent, you are helpless.
On the other hand, if someone copies your design - as has been done many
times with, for example, John Naka's "Goshin" - then you may take legal
action.
I must say that I do get somewhat rattled when photographers make fair sums
of money, by just clicking the button, out of the decades of dedication and
expertise that I have put into creating the image they wish to photograph
and sell.
The only way you can protect the copyright of your bonsai design as far as
printed (and internet) media is concerned is to ensure that whenever and
wherever they are exhibited there are prominent notices declaring that the
trees are covered by copyright and that photography is not permitted. If a
photograph then appears in print you may take action against the hotographer
but not the publication.
If ever you permit or commission photography, always get the photographer to
sign a declaration that the photographs will not be shown, hired, lent or
sold without your prior permission and payment to you of an appropriate fee.
Happy Christmas to you all.
Colin
Email: colinlew...@btinternet.com
Website: http://www.btinternet.com/~colinlewis.bonsai
********************************************************************************
Marty Haber
I'm going to rename this group "rec.arts.squabble". Let's talk more
bout bonsai and less about "who owns what".
Remember that each of us is only a tenant on this planet. Not only do
we have temporary custody of our ideas and photographs, but also of our
trees.
Thanks for giving this " intellectual property" your consideration
Marty Haber
Zone 6A (I think)
Michael Persiano
bons...@WEBTV.NET writes:
<< Remember that each of us is only a tenant on this planet. Not only do
we have temporary custody of our ideas and photographs, but also of our
trees. >>
Alas:
. . .a fresh perspective on bonsai custody.
Cordially,
Michael Persiano
members.aol.com/iasnob/index.html